Retirement Villages Act 2016

The operator of a retirement village may lease, or grant a licence to occupy, a residence in the village that is not immediately required for the purposes of the scheme to an eligible person for residential purposes.

However, the operator must not, under subsection (1), lease, or grant a licence to occupy, a residence in the village that has formerly been occupied pursuant to the scheme unless either the former resident consents (in accordance with any requirements prescribed by the regulations) to the lease or licence or the exit entitlement owing to the former resident in relation to the cessation of such occupation has been paid in full and all amounts deducted from the exit entitlement have been paid to the relevant fund, account or person.

Subject to this section, a person to whom a lease or licence is granted under this section does not become a resident of the retirement village (and Part 3 does not apply in relation to the person).

However, a person to whom a lease or licence is granted under this section—

may be elected as a member of a residents' committee under section 38 (and that section applies as if the person were a resident); and

is entitled to participate in a meeting of the residents of the retirement village and to vote on any issue arising for consideration at the meeting (other than an issue that is directly related to the financial management of the village), as if the person were a resident of the retirement village.